Bombay High Court
GANESH MILIND SHIRSATHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant on the condition of a personal bond and compliance with stipulated conditions.
Summary
The High Court considered a bail application filed under Section 483 of the BNSS by Ganesh Milind Shirsath, accused No.5 in a case involving offences under IPC sections 302, 323, 504, 143, 148, 149 and 201. The applicant argued that bail should be granted on the same footing as accused No.2, who had already been released on bail. The Court noted the parity principle and, after prima facie assessment, found no impediment to granting bail. It ordered the applicant’s release on a personal bond of Rs. 25,000 with sureties and imposed standard conditions such as monthly reporting, non‑tampering with witnesses, and restriction on leaving the state. The order expressly limited its observations to bail and declined to comment on the merits of the underlying criminal charges.
Issues considered
- Whether bail should be granted to accused No.5 under Section 483 of the BNSS on the basis of parity with accused No.2 despite the seriousness of the offences.
Legislation cited
- Bail and Bond Section (BNSS) — s. 483
- Indian Penal Code — s. 143, 148, 149, 201, 302, 323, 504
Subjects
- bail
- criminal procedure
- parity principle
- IPC offences
- personal bond
- conditions of bail
Judgment
81.BA.2552.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2552 OF 2026
Ganesh Milind Shirsath .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Akshay Bankapur, Advocate for Applicant
Mr. Yogesh M. Nakhwa, APP for State
Mr. Anwar Mulani, PSI, Sarkarwada Police Station, Nashik
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 22, 2026.
P.C.:
1. Heard Mr. Bankapur, learned Advocate for Applicant and
Mr. Nakhwa, learned APP for State.
2. This is an Application under Section 483 of BNSS seeking
bail in connection with Crime Register No. 126/2024 dated
01.05.2024 registered with Sarkarwada Police Station, Nashik for the
offences punishable under Sections 302, 323, 504, 143, 148, 149 and
201 of Indian Penal Code, 1860.
3. The role of the Applicant arrayed as accused No. 5 in the
present crime is identical to that of accused No. 2. By order dated
01.09.2026, accused No. 2 has been enlarged on bail by discussing the
incident in paragraph number 3 thereof. In that view of the matter, on
parity, the Applicant has made out a case for grant of bail.
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81.BA.2552.2026.doc
4. Hence, in view of above prima facie observations and
findings, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
(i) Applicant is directed to be immediately released on bail
from prison in connection with C.R. No. 126/2024;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five
Thousand only) with one or two sureties in the like
amount;
(iii) Applicant shall report to the Investigating Officer at
Sarkarwada Police Station, Nashik once every month,
on the first Monday of the month between 10:00 a.m.
to 12:00 p.m. until commencement of trial and
thereafter shall attend all dates of hearing before the
Trial Court;
(iv) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
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(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current residential address and mobile telephone
number and shall forthwith inform the Investigating
Officer of any change in their residential address or
mobile telephone number, as and when such change
occurs; and
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
5. It is clarified that the observations made in this order are
limited for the purpose of granting bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
6. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Digitally signed
AJAY
TRAMBAK
by AJAY
TRAMBAK
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UGALMUGALE
UGALMUGALE Date: 2026.09.22
20:20:12 +0530
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